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Terms of use

Overview

MYCLASSIFIEDS TERMS OF USE

Acceptance and Use

These Terms of Use constitute an Agreement between you and MyClassifieds regarding your use of the website. By using this website, you indicate your understanding and acceptance of these Terms of Use, and that your participation and use of this website will comply with these Terms of Use. By accepting below, you will be deemed to have read these Terms of Use, even if you have not actually read them. The terms of use include and incorporate additional terms ("guidelines") applicable to particular categories or service as set forth to users upon access to such categories or services.

MyClassifieds reserves the right to modify this Agreement at any time without giving prior notice. Your use of the site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Use were revised is set forth below.

If you do not accept and agree to all provisions of the terms of use, now or in the future, you may reject the terms of use by immediately terminating all access and use of MyClassifieds , in which case any continuing access or use of MyClassifieds is unauthorized.

You must be at least 18 years of age to use our website. By using our website and by agreeing to these terms of use, you warrant and represent that you are at least 18 years of age.

These terms of use grant you a limited and revocable use of MyClassifieds in whole or in part, including but not limited to MyClassifieds intellectual property therein, solely in compliance with the terms of use.

Ownership

MyClassifieds are trademarks of ALPHAMEDIA HOLDINGS (PRIVATE) LIMITED (AMH) and are protected by Zimbabwean and international laws. The terms of use do not authorize you to use MyClassifieds or any similar or related marks for any use pertaining to classified advertising, Internet advertising, social networks, online forums, online communication services or any similar or related use, and/or any other use that is likely to cause confusion on the part of, to cause mistake by or to deceive the public as to any affiliation, connection, association, origin, sponsorship, approval or endorsement by or with AMH.

a.MODERATION POLICY

MyClassifieds has the right, but not the obligation, to regulate content (which includes but is not limited to postings, text, code, images, binary files, ads, accounts, account information, emails, messages and any other user communications ("content")) posted to, stored on by any user (or any other third party in any manner); to regulate conduct (including but not limited to any authorized or unauthorized access to or use of MyClassifieds ) by any user (or any other third party in any manner); and to enforce the terms of use, for any reason and in any manner or by any means that MyClassifieds , in its sole discretion, deems necessary or appropriate requiring the use of a bulk posting interface, authorization, verification, and the deletion and/or termination of content, accounts and/or all or any use or access).

MyClassifieds may, in its sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time. MyClassifieds action or inaction to regulate content or conduct or to enforce against any potential violation of the terms of use by any user (or any other third party) does not waive MyClassifieds ’ right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential terms of use violation.

You also understand and agree that any action or inaction by MyClassifieds or any of its directors, officers, stockholders, employees, consultants, agents or representatives (collectively, " MyClassifieds Representatives") to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential terms of use violation is undertaken voluntarily and in good faith, and you expressly agree that neither MyClassifieds nor any MyClassifieds Representative shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of the terms of use.

Although MyClassifieds Representatives may moderate content, conduct and terms of use compliance on MyClassifieds at its discretion, MyClassifieds Representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on behalf of MyClassifieds will "take care" of any alleged problem or complaint, or that they or anyone else on behalf of MyClassifieds will otherwise stop, cure or prevent any problem, content, conduct or purported terms of use violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by any by anyone else acting on behalf of MyClassifieds or by anyone purportedly acting on behalf MyClassifieds (including but not limited to any MyClassifieds Representative, anyone else acting on behalf of MyClassifieds , or anyone purportedly acting on behalf of MyClassifieds ) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported term of use violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that MyClassifieds, MyClassifieds Representatives and anyone else authorized to act on behalf of MyClassifieds shall in no circumstance be liable as a result of any representation that MyClassifieds, a MyClassifieds Representative or anyone else on behalf of MyClassifieds would or would not restrict or redress any content, conduct or potential or purported term of use violation. This paragraph may not be modified, waived or released except by a written agreement, dated and signed by MyClassifieds Chief Executive Officer and dated and signed by the individual or entity to whom the modification, waiver or release is granted.

MyClassifieds also has the right in its sole discretion to limit, modify, interrupt, suspend or discontinue all or any portions of classifieds at any time without notice. MyClassifieds and MyClassifieds Representatives shall not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto.

b.CONTENT AND CONDUCT

MyClassifieds does not control, is not responsible for, and makes no representations or warranties with respect to any user content or conduct. Users are solely responsible for their access to, use of and or reliance on any user content. Users are solely responsible for interaction with or reliance on any user or user conduct. All users must perform and conduct necessary, appropriate, prudent and judicious investigation, inquiry, research and due diligence with respect to any user content and conduct.

The following content and conduct is prohibited from MyClassifieds. The following list is not inclusive and/or exhaustive:

1.Illegal activities and or content :

a.Do not use this website to highlight and or participate in illegal activities or promote dangerous and illegal acts.

b.Do not use this website to post content or encourage conduct that facilitates the creation, advertising, distribution, provision or receipt of illegal goods or services.

2.Malicious Content: - do not transmit viruses, malware, or any other malicious or harmful code. Do not disseminate content that harms or interferes with the operation of the networks, servers, or other frameworks of MyClassifieds and others.

3.Offensive Content:

a.Users should not distribute content that promotes hatred or violence towards groups of people based on their race or ethnic origin, religion, disability, gender, age, veteran status or gender identity.

b.Users should not dispense offensive content, including but not limited to defamatory, threatening, harmful or pornographic content.

d.that is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a license from their rightful owner to post the material

e.that is otherwise illegal as defined by the laws of Zimbabwe

c.UNAUTHORIZED ACCESS AND ACTIVITES

To maintain the integrity and functionality of MyClassifieds for its users, access to MyClassifieds and/or activities related to the website that are harmful to, inconsistent with or disruptive of MyClassifieds and/or its users' beneficial use and enjoyment of the website are expressly unauthorized and prohibited. For example, without limitation:

d.The collection of MyClassifieds users’ personal information is not allowed for any purpose.

e.Any copying, aggregation, display, distribution, performance or derivative use of MyClassifieds or any content posted on MyClassifieds whether done directly or through intermediaries is prohibited.

f.Any access to or use of the website to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with MyClassifieds .co.zw (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or flag content) is prohibited. This prohibition specifically applies but is not limited to software, programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or in the future.

g.If you access MyClassifieds or copy, display, distribute, perform or create derivative works from MyClassifieds webpages or other MyClassifieds intellectual property in violation of the terms of use or for purposes inconsistent with the terms of use, your access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any technological restriction or security measure on MyClassifieds or any provision of the terms of use that restricts content, conduct, accounts or access is expressly prohibited.

h.Any effort to decompile, disassemble or reverse engineer all or any part of MyClassifieds in order to identify, acquire, copy or emulate any source code or object code is expressly prohibited.

i.Any attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any of the above unauthorized and prohibited access and activities is also expressly prohibited and is a violation of the terms of use.

You agree to indemnify and hold MyClassifieds or its Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of: (a) content that you post or transmit (including but not limited to content that a third-party deems defamatory or otherwise harmful or offensive); (b) activity that occurs through or by use of your account (including, without limitation, all content posted or transmitted); (c) your use of or reliance on any user content; and (d) your violation of the terms of use. This indemnification obligation includes payment of any attorneys' fees and costs incurred by MyClassifieds or its Representatives.

•FEES

MyClassifieds may charge a fee to post content or for other features, products, services or licenses. You are responsible to MyClassifieds for any fees applicable to content that you post or other features, products, services you purchase or that are purchased through your account. You authorize MyClassifieds, or its designated payment processor, to charge your specified credit card, debit card or other payment method for such fees.

Except as required by law, all fees are non-refundable, including, without limitation, in situations where paid posts are removed by MyClassifieds or by community flagging. Payments and purchases may not be cancelled by the user, except as required by law. However, MyClassifieds reserves the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion. User should understand and agree that if he or she authorizes a payment transaction with a credit card, debit card or other payment method, and the charge is rejected for any reason, there may be a hold on the users use of that transaction amount for several days.

•POSTING AND ACCOUNTS

Unless AMH has specifically authorized an exception to a particular term for a particular user in a written agreement, AMH has sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section.

a.Postings

MyClassifieds is intended and designed as a local service. A user may post content only to the single specific geographic area offered on MyClassifieds for which that content is most relevant. The same or substantially similar content (for example, an advertisement for a particular item or service or a particular offer,) may not be posted to or communicated via more than one such geographic area. Content that is equally relevant to multiple (i.e., more than one) geographic areas should not be posted on MyClassifieds.

The same or substantially similar content may not be posted in more than one category. A user may post content only in the single category to which it is most relevant, and must not post content to inappropriate categories.

A user may post the same or substantially similar content no more than once every 48 hours.

Where a category provides specific subcategories for posts by particular types of users (e.g., car sales "by-owners" versus "by-dealers," and real estate for sale "by-owner" versus "by-broker"), a user may post content only in the single user sub-category most accurate for that user. In particular, no user acting as a broker, agent or dealer may post in any "by owner"

It is expressly prohibited for any third party to post content to MyClassifieds on behalf of another. Users must post content only on their own behalf, and may not permit, enable, induce or encourage any third party to post content for them.

It is expressly prohibited to post content using any automated means. Users must post all content personally and manually through all steps of the posting process. It is also expressly prohibited for any user to develop, offer, market, sell, distribute or provide an automated means to perform any step of the posting process (in whole or in part). Any user who develops, offers, markets, sells, distributes or provides an automated means to perform any step of the posting process (in whole or in part) shall be responsible and liable to Alpha Media Holdings for each instance of access to myclaasifieds.co.zw (by any user or other third party) using that automated means.

b.Accounts

A user may maintain and use no more than one account, including a telephone or phone-verified account, to post content. A user specifically may not create or use additional accounts for the purpose of circumventing technological restrictions (security measures) in the posting process or otherwise for posting content in violation of the terms of use.

A user may create an account, including a verified account, only on his or her own behalf. A user must not permit, enable, induce or encourage others to create accounts or verified accounts for him or her. The creation of accounts for others is expressly prohibited.

A user must only use his or her own account, and may not use any account of another.

The purchase and sale of accounts, including but not limited, is expressly prohibited.

A user must create his or her account personally and manually and may not create accounts by any automated means. Without limitation, this includes the obligation that the user personally and manually solves any challenge in the account creation process. Further, a user must create any account using his or her own valid telephone number. The creation of an account using a telephone number that is not the user's own, a telephonic forwarding service or system, or a temporary or disposable telephone number or service is expressly prohibited. The circumvention of any technological restriction or security measure in the account creation process is also expressly prohibited.

•DISCLAIMERS

MYCLASSIFIEDS MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. MYCLASSIFIED EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. MYCLASSIFIED DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. MYCLASSIFIEDS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

THESE DISCLAIMERS SHALL APPPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

•LIMITATIONS OF LIABILITY

IN NO EVENT WILL MYCLASSIFIEDS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF MYCLASSIFIEDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF MYCLASSIFIEDS OR CONTENT ACCESSED THROUGH MYCLASSIFIEDS (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON MYCLASSIFIEDS AND LINKS IN CONTENT ACCESSED THROUGH MYCLASSIFIEDS ).

THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

•GENERAL PROVISIONS

a. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by MyClassifieds of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. MyClassifieds therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. MyClassifieds does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

c. Enforcement/ Choice of Law/ Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, MyClassifieds Privacy Policy, your use of the Site, any other MyClassifieds web site, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of Zimbabwe, without regard to any conflict of laws provisions.